[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Page 38789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15603]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2021-0069]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on May 28, 2021, Dallas Area 
Rapid Transit (DART) petitioned the Federal Railroad Administration 
(FRA) for a waiver of compliance from certain provisions of the Federal 
railroad safety regulations contained at 49 CFR parts 229 (Railroad 
Locomotive Safety Standards), 231 (Railroad Safety Appliance 
Standards), and 238 (Passenger Equipment Safety Standards), and an 
exemption from certain requirements of chapter 203, title 49 of the 
United States Code (U.S.C.). FRA assigned the petition Docket Number 
FRA-2021-0069.
    Specifically, DART requests special approval for certain design 
elements of its Stadler FLIRT 3 diesel multiple unit (DMU) railcars 
that do not comply with FRA regulations. DART seeks relief from 49 CFR 
229.47(b), Emergency brake valve; 231.14(a)(2), (b)-(d), (f), and (g), 
Passenger-train cars without end platforms; and 238.305(c)(5), Interior 
calendar day mechanical inspection of passenger cars. DART also 
requests that FRA exercise its authority under 49 U.S.C. 20306 to 
exempt the DMUs from the requirements of 49 U.S.C. 20302, which, in 
part, mandates that railroad vehicles be equipped with (1) couplers 
that couple automatically by impact, and are capable of being 
uncoupled, without individuals having to go between the ends of 
equipment; and (2) secure sill steps and grab irons or handholds on the 
vehicle's ends and sides for greater security to individuals coupling 
and uncoupling the vehicle. See 49 U.S.C. 20302(a)(1)(A), (B), and 
(a)(2).
    Section 20306 authorizes FRA to exempt rail equipment from the 
requirements of 49 U.S.C. chapter 203, including Section 20302, when 
those requirements ``preclude the development or implementation of more 
efficient railroad transportation equipment or other transportation 
innovations under existing law.'' Section 20306 requires FRA to base 
any such exemption on either (1) findings developed at a hearing, or 
(2) an agreement between labor and the developer of the equipment.
    FRA has previously held Section 20306 hearings for equipment 
substantially similar to the FLIRT 3 DMUs.\1\ The equipment was also 
proposed to be operated in substantially similar operating environments 
to that which DART proposes in this docket.\2\ As a result, FRA finds 
that holding a public hearing under Section 20306 in response to DART's 
current exemption request is not necessary and FRA intends to rely on 
the findings from these previous hearings when considering DART's 
current exemption request.
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    \1\ See FRA Docket Nos. FRA-2019-0066 (Amtrak) and FRA-2019-0068 
(Texas Central Railroad); see also 85 FR 69700 (Nov. 3, 2020). Both 
FRA dockets are available for review on www.regulations.gov.
    \2\ Id.
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    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment and a public hearing, they 
should notify FRA, in writing, before the end of the comment period and 
specify the basis for their request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
    <bullet> Website: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC 
20590.
    Communications received by September 7, 2021 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable. Anyone can search the electronic 
form of any written communications and comments received into any of 
our dockets by the name of the individual submitting the comment (or 
signing the document, if submitted on behalf of an association, 
business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its processes. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-15603 Filed 7-21-21; 8:45 am]
BILLING CODE 4910-06-P